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Home My WebLink AboutEstablishng a Cumulative Capital Development Fund ORDINANCE No. 8195-91 Passed by the Common Council of the City of South Bend, Indiana_ June 24, 91 '9 l' City y Clerk IRENE K. GAMMON ■ Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— June 25, 91 I, 19 1=c-c-- e.. City Clerk IRENE K. GAMMON Approved and signed by me June 2 i9 91 �� - Mayor % BILL NO. ORDINANCE NO. Sc /. - 9 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND STATEMENT OF PURPOSE AND INTENT: Public Law 44-1984, I .C. 36-9-15.5 permits the City to establish a Cumulative Capital Development Fund for any purpose presently allowed for existing cumulative funds and to levy within certain limits to provide revenues for that fund. On July 8, 1985, the Common Council passed Ordinance No. 7486-85 establishing a Cumulative Capital Development Fund and levying taxes for said fund for the years of 1986, 1987 and 1988. On May 23, 1988, the Common Council passed ordinance number 7676-88 re-establishing the Cumulative Capital Development Fund and levying taxes for said fund for the years of 1989, 1990, and 1991. The South Bend Common Council finds that is necessary to re-establish such fund and levy taxes for said fund for the years of 1992, 1993, and 1994 in order to assure the financial well-being of the City of South Bend. NOW, THEEFORE, BE IT ORDAINED BY THE COMMON COUNCIL AS FOLLOWS: SECTION I (a) . A Cumulative Capital Development Fund is established, to be used for any purposes permitted under I.C. 36-9-16, for capital improvements; for any purposes permitted under I.C. 36-9-16.5, for public ways and sidewalks; for any purposes permitted under I .C. 36-9-26, for sewers; for any purposes permitted under I.C. 36-9-17 , for general improvements; for any purposes permitted under I .C. 36-8-14, for firefighting building and equipment and police radios; for any purposes permitted under I.C. 36-10-4-6, for parks; and for any purposes permitted under I .C. 36-9-16-2 for public buildings and rights-of-way. (b) . Notwithstanding uses permitted under Subsection (a) , above, funds accumulated in the Cumulative Capital Development Fund may be spent for purposes other than those purposes stated in Section (a) provided that the purpose of the expenditure is to protect the public health, welfare, or safety in an emergency situation which demands immediate action. Funds may be spent under the authority of this section only after the Mayor issues a declaration that public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund and files notice of such emergency declaration with the Board of Public Works. SECTION II. An ad valorem property tax levy shall be imposed and revenues from that levy shall be retained in the South Bend Cumulative Capital Development Fund. SECTION III. The maximum rate of the levy under Section II shall not exceed an amount to be determined by multiplying each One Hundred ($100.00) Dollars of assessed tax valuation of real property within the City and subject to taxation by the following specified tax rates: First year of imposition of tax ( 1992) $ .12 Second year of imposition of tax ( 1993) $ .12 Third year of imposition of tax (1994) $ .12 SECTION IV. Proofs of publication and position of notices of SECTION V. Submission of this Ordinance to the State Board of Tax Commissioners shall be published in accordance with I.C. 5-3-1. SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and approval by the State Board of Tax Commissioners. Allearj_41( • -tuber :� he Common Council O-ccdfl C S TATE- o INDIANA STA g rY {� A)i INDIANAPOLIS, 46204 / Indiana Government Center North STATE BOARD OF TAX COMMISSIONERS 317/232-3761 November 14 , 1991 Ms. Irene Gammon, Clerk-Treasurer City of South Bend 227 West Jefferson South Bend, Indiana 46601 Dear Ms. Gammon: On July 30, 1991 the City of South Bend, St. Joseph County, filed a proposal for a Cumulative Capital Development Fund. Notice of Submission was forwarded to you with publication instructions . In order for your taxing unit to collect cumulative fund monies in 1992 , the State Board of Tax Commissioners must receive: 1) Proofs of Publication for the Notice of Submission, and a Certificate of No Remonstrance from the County Auditor dated after the end of the remonstrance period. These must he received by our Office no later than November 28 , 1991 . Keep in mind that in order to allow appropriate remonstrance period, the Notice of Submission must be published immediately if it has not already. Thanks for your cooperation . Sincerely, aX/dAe=1" Katrina A. Hall , Director 7 Local Government State Board of Tax Commissioners KAH/lac • AIR c STATE OF INDIANA STATE BOARD OF TAX COMMISSIONERS 201 State Office Building Indianapolis, IN 46204 FROM: STATE BOARD OF TAX COMMISSIONERS RE: ESTABLISHMENT OF CUMLMATIVE FUNDS Your transcript for the establishment of a cumulative fund has been found to be within the prescribed limits of the law. We are enclosing a Notice of Submission to be published by the taxing unit one time only, placed in appropriate newspapers as required by IC 5-3-1-4(e) , in a similar manner that the notice of the initial hearing on the proposal and the cumulative fund was published. Before we can take final action on your proposed plan, it will be necessary for you to submit proofs of publication of the Notice of Submission to the State Board of Tax Commissioners. Also, you must furnish a certificate from the County Auditor that no remonstrance was filed within the applicable period. Enclosure • • • NOTICE TO TAXPAYER To the taxpayers of the City of South Bend, St. Joseph County, State of Indiana. You are hereby notified that on the 24th day of June, 1991, the Common Council of the City of South Bend, St. Joseph County, State of Indiana, pursuant to notice heretofore given, and under and by virtue of IC 36-9- 15.5, duly adopted a plan whereby a cumulative capital development fund was established to provide for the following: FOR PURPOSES UNDER IC 36-9-16, CAPITAL IMPROVEMENTS; FOR ANY PURPOSES PERMI'rl'ED UNDER IC 36-9-16.5, PUBLIC WAYS AND SIDEWALKS; FOR ANY PURPOSES PERMI'1"1'ED UNDER IC 36-9-26, FOR SEWERS; FOR ANY PURPOSES PERMITTED UNDER IC 36-9-17, FOR GENERAL IMPROVEMENTS; FOR ANY PURPOSES PERMITTED UNDER IC 36- 8-14, FOR FIREFIGHTING BUILDING AND EQUIPMENT AND POLICE RADIOS; FOR ANY PURPOSES PERMITTED UNDER IC 36-10-4-6, FOR PARKS; AND FOR ANY PURPOSES PERMI'r1'ED UNDER IC 36-9-16-2 FOR PUBLIC BUILDINGS AND RIGHTS-OF WAY. The fund will be provided for by a tax levy on all taxable real and personal property in the taxing unit for a period of three (3) years. The tax rate on each one hundred dollars ($100.00) of taxable property will be twelve cents ($.12) for 1991 taxes payable in 1992, twelve cents for 1992 taxes payable in 1993, and twelve cents ($.12) for 1993 taxes payable in 1994. Fifty (50) or more taxpayers in the taxing unit who will be affected by the tax levy may file a petition with the St. Joseph County Auditor, not later than thirty (30) days after the publication of this notice, setting forth their objections to the proposed levy. Upon filing of the petition, the County Auditor shall immediately certify the same to the State Board of Tax Commissioners, which Board will fix a date and conduct a public hearing on the proposed levy before issuing its approval or disapproval thereof. Joseph E. Kernan Mayor S. Katherine Humphreys Controller Donald Niezgodski President, South Bend Common Council STA BOARD OF TAX COMMISSIONERS Sandra K. Bickel, Commissioner Date: July 31, 1991 dam 1 time: August 16, 1991 2 cc: proof of publication and claims • NOTICE OF SUBMISSION WHEREAS, there has been filed with the State Board of Tax Commissioners of the State of Indiana a certified copy of the resolution adopted by the proper legal officers of the City of South Bend, St. Joseph County, State of Indiana, establishing a cumulative capital development fund, together with proofs of publication of notice thereof, all under and pursuant to the provisions of the laws of the State of Indiana. Now, therefore, the proper legal officers of the City of South Bend, St. Joseph County, State of Indiana, are hereby requested by the State Board of Tax Commissioners to publish the following notice. PUBLISH THE FOLLOWING ONLY To the taxpayers of the City of South Bend, St. Joseph County, State of Indiana. You are hereby notified that on the 24th day of June, 1991, the Common Council of the City of South Bend, St. Joseph County, State of Indiana, pursuant to notice heretofore given, and under and by virtue of IC 36-9- 15.5, duly adopted a plan whereby a cumulative capital development fund was established to provide for the following: FOR PURPOSES UNDER IC 36-9-16, CAPITAL IMPROVEMENTS; FOR ANY PURPOSES PERMITTED UNDER IC 36-9-16.5, PUBLIC WAYS AND SIDEWALKS; FOR ANY PURPOSES PERMITTED UNDER IC 36-9-26, FOR SEWERS; FOR ANY PURPOSES PERMITTED UNDER IC 36-9-17, FOR GENERAL IMPROVEMENTS; FOR ANY PURPOSES PERMITTED UNDER IC 36- 8-14, FOR FIREFIGHTING BUILDING AND EQUIPMENT AND POLICE RADIOS; FOR ANY PURPOSES PERMITTED UNDER IC 36-10-4-6, FOR PARKS; AND FOR ANY PURPOSES PERMITTED UNDER IC 36-9-16-2 FOR PUBLIC BUILDINGS AND RIGHTS-OF WAY. The fund will be provided for by a tax levy on all taxable real and personal property in the taxing unit for a period of three (3) years. The tax rate on each one hundred dollars ($100.00) of taxable property will be twelve cents ($.12) for 1991 taxes payable in 1992, twelve cents for 1992 taxes payable in 1993, and twelve cents ($.12) for 1993 taxes payable in 1994. Fifty (50) or more taxpayers in the taxing unit who will be affected by the tax levy may file a petition with the St. Joseph County Auditor, not later than thirty (30) days after the publication of this notice, setting forth their objections to the proposed levy. Upon filing of the petition, the County Auditor shall immediately certify the same to the State Board of Tax Commissioners, which Board will fix a date and conduct a public hearing on the proposed levy before issuing its approval or disapproval thereof. (Show Names and Titles of Proper Legal Officers) STATE BOARD OF TAX COMMISSIONERS Sandra K. Bickel, Commissioner . Date: July 31, 1991 dam nnuntttry Irpurt Oki tie Motown atounril of the Ctig of£+nuti1 wend; Your Committee of the Whole to whom was referred BILL NO. 40-91 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND. • Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Loretta Duda Chairman